Nield and Linda Montgomery - Page 37

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          Normally, with respect to an income tax liability, the right to             
          sue for a refund requires full payment of the disputed liability.           
          Under the majority’s reading of section 6330(c)(2)(B), there                
          would be no such requirement for payment prior to being able to             
          contest the underlying merits of a self-assessed amount in the              
          context of a section 6330 hearing before this Court.                        
               The majority’s interpretation results in a dramatic and                
          improbable change from more than 75 years of established tax                
          litigation procedure and precedent.  If Congress had intended               
          such a dramatic change, it certainly would have made some                   
          reference or modification to the existing statutory framework for           
          refund claims and/or suits.                                                 
               Finally, I find it inconceivable that Congress intended that           
          taxpayers who filed returns admitting that they owed tax are to             
          be given the opportunity to contest their own “assessment” of the           
          tax due, when the respondent seeks to collect it.  It is my view            
          that Congress intended to ensure that taxpayers had certain                 
          rights with respect to the collection process and to permit them            
          to contest any changes respondent proposed,3 if they had not                
          already had the opportunity to do so.                                       
               CHIECHI, J., agrees with this dissenting opinion.                      


               2(...continued)                                                        
          is not a deficiency proceeding.                                             
               3 Including respondent’s proposed changes from a taxpayer’s            
          self-assessed tax liability.                                                




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